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Woman arrested for DUI had jello shots in her pocket


If you are contacted by law enforcement and they have probable cause to believe that you are driving under the influence, you will likely be arrested.  Subsequent to that arrest, your person, effects, and vehicle will likely be searched.  Even if you do not provide consent to such a search and regardless of the fact that the officer doesn't have a search warrant, there are many exceptions to the warrant requirement that are employed by DUI officers and they are perfectly legal.

In this case from another jurisdiction, a woman with a history of several prior DUI convictions was contacted for weaving.  She allegedly exhibited multiple indicia of intoxication and was arrested for suspicion of DUI. Upon searching her pockets, several jello shots were found.  While the mere presence of these tasty alcoholic treats is not direct evidence of her present intoxication, it does circumstantially suggest that she had consumed other jello shots earlier.  What would be more incriminating is if the officer had found empty jello shot containers with remnants of alcohol in the vehicle.

As a Denver DUI attorney, I've certainly encountered clients who had empty or partially full containers of alcohol in their vehicle.  If you are transporting alcohol such as a partially consumed bottle of wine that has been recorked by the restaurant, you should transport it in your trunk or the least accessible portion of your vehicle...far out of reach of the driver and out of sight of anyone.